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Chicago, Arbitrary Detention And Torture: An Examination Of Human Rights Violations And Legal Responses Under The Second Trump Administration, Gianna Keuer

Bates College Undergraduate Law Review

This paper uses a human rights-based analysis to explore the legal implications of the second Trump administration’s deportation policies, using frameworks enacted by international legal organizations and state-level bodies. Drawing upon the Convention Against Torture, the International Covenant on Civil and Political Rights, and established state policies, the paper identifies important jus cogens norms against arbitrary detention and torture. With Chicago serving as a case study, the paper explores different avenues that have been employed to counter violations of prohibitions of arbitrary detention and torture, ultimately concluding that state-level policy responses and impact litigation cases serve as a more efficacious …

Groundwater Laws And Regulations: Survey Of Twenty-One U.S. States, Rebekah Acosta-Hueston, Abigail Adkins, Khadija Alibhai, Olivia Alland, Matthew C. Allen, Dan Archibald, Jeffrey Berk, John Broussard, Justin Cias, Bradford Eckhart, Blakely Fahning, Jackson Field, Michael Flores, Ellen Earl Gillis, Emma Golightly, Merrick Hayashi, David Hernandez, Kate Keithley, Matthew Maslanka, Erin Milliken, Lucas Mylet, Abigail Nichols, James O’Donnell, James Osteen, Connor Pabich, Cheryl Patterson, Rhyan Phillips, Sarah Rathmell, Margaret Reed, Laura Smith, Kelsi Sorrells, Brooke Thoendel, Ani Tookoian, Sandhya Wagle, Margaret Ward, Mackenzie Watson, Carolyn Wheeler, Ashley Wilde

EENRS Program Reports & Publications

This report constitutes the third and final volume in an ongoing project designed to explore and articulate the groundwater quantity laws and regulations of all fifty U.S. states that could then be used for comparative research. This particular report presents surveys for twenty-one states from across the country. The first volume featured thirteen state surveys while the second volume contained sixteen additional state surveys. Both can be found on the project website at: https://www.law.tamu.edu/US-Groundwater-Laws.

Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Texas Tech University School of Law developed an analytical rubric …

It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The Public Private Partnership (Ppp) Method: Insights From The Arab Region Context In General And Dubai Market In Particular, Rita Waked

Proche-Orient, Études juridiques

The Public Private Partnership (PPP) as a form of association involving a public entity and a private person has become a global innovative trend for governments seeking to finance their infrastructure, and has gradually established itself as a driving force of the economic recovery in the aftermath of the COVID-19 pandemic. This article examines the PPP’s main features and the pillar of its success, at a time where it is experiencing a resurgence of interest in Arab countries, and in particular in Dubai where the adoption in 2015 of a PPP law reflects the Emirate’s consciousness of the importance of …

Looking For Loopholes: Are Suicide Notes Really Admissible As Dying Declarations?, Marc D. Ginsberg, Hugh M. Mundy

Cleveland State Law Review

The “classic” dying declaration under Federal Rule of Evidence 804(b)(2) is made by a person near death from fatal wounds or illness who makes a statement to a third party about who inflicted the wounds or caused the illness. The rule is based on the belief that persons making such statements are unlikely to lie as the sense of impending death removes “all temptation to falsehood.” Thus, in theory, the dying declaration bears an imprimatur of trustworthiness justifying its admission as a hearsay exception.

Still, the exception for dying declarations has been described as “the most mystical in its theory …

A Pervasive Principle And A Proposal For Postconviction Procedures: Res Judicata, Pro Se Petitions, And A Defendant's Right To Counsel In Ohio, Lila Robinson

Cleveland State Law Review

“A postconviction petition is very difficult to win.” This is especially true in Ohio. Many postconviction petitions are submitted by incarcerated pro se petitioners who draft and file petitions without the assistance of counsel, leaving the doctrine of res judicata free to overwhelm their claims and inhibit future relief. The American Bar Association advises states to impose a right to counsel in postconviction proceedings, and specifically at the early drafting and filing phase of postconviction litigation, to help remedy this issue. Ohio does not follow this suggestion. As a result, petitioners with valid claims of innocence or manifest injustice are …

Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones

Pepperdine Law Review

As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance. To address these failures, this Article proposes a novel socio-legal …

Species Of State Constitutional Lockstepping, Michael L. Smith

Villanova Law Review (1956 - )

No abstract provided.

Individualized Cannabis Reparations, Scott Bloomberg

Texas A&M Law Review

This Article makes an argument that should be obvious. The best way for governments to right the wrongs of cannabis prohibition is to give money to people with cannabis offenses. Nonetheless, this straightforward reform has been consistently overlooked, dismissed, or minimized by policymakers and scholars alike, eschewed in favor of other social equity programs that do not right those wrongs nearly as effectively. Governments have indeed invested hundreds of millions of cannabis tax dollars in social equity licensing programs and community reinvestment initiatives. These programs—while often worthwhile—do not benefit the vast majority of people with past cannabis offenses.

Governments should …

The Unexplored Future Of State Copyrights And Patents In Ai-Generated Creations, Timothy J. Mcfarlin

Texas A&M Law Review

This is the first article to broadly explore the possibility of state copyrights and patents in AI-generated creations and what it could portend for the future of intellectual property law.

The U.S. Constitution delegates to Congress, via Article I, the power to pass laws “securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” It reserves to the states or to the people, via the Tenth Amendment, certain unspecified powers not delegated to the federal government. These could include the power to recognize exclusive rights in “writings and discoveries” generated by artificially intelligent …

Disproportionate Influence: Rethinking Control In American Corporate Governance, Dhruv Aggarwal, Ofer Eldar

Northwestern University Law Review

Corporate law has undergone a gradual transformation. Founding chief executive officers (“founder-CEOs”) and activist hedge funds increasingly dominate leading American corporations despite owning well short of a majority of shares. Founder-CEOs, through personal brands or dual-class voting structures, control firms despite having minority stakes; activist hedge funds, with single-digit holdings, press for major governance changes. We argue that these two types of shareholders, often treated as opposites, both dominate corporations through disproportionate influence rather than majority ownership. We describe these investors who dictate corporate policy through disproportionate influence as high-influence shareholders.

Delaware’s doctrinal response to high-influence shareholders has been inconsistent, …

What The Free-Roaming Cats Dragged In: Regulatory Concerns With Privatized Local Services, Jonathan Korger

Northwestern University Law Review

The United States entrusts local governments to provide citizens with a wide range of public services, and animal control makes up a small but essential piece of these local responsibilities. In recent years, American localities have largely privatized how they manage the nation’s growing free-roaming cat population, relying primarily on animal-loving volunteers and a controversial practice called trap-neuter-return (TNR). Academics have long debated the merits of privatization, but TNR raises a novel question: how should local governments think about regulating a privatized public service when altruism, instead of profits, motivates the service deliverer? This Note argues that TNR demonstrates the …

Correcting Confusion Over Commandeering, Supremacy, And Preemption: A User’S Guide To Modern Federalism, Vikram David Amar

Pepperdine Law Review

Current disputes between state/local entities and the Trump administration, some of which build on flare-ups over the past few decades, place in sharp relief the key doctrinal features of modern federalism, many of which seem to confound the Supreme and lower courts, to say nothing of political actors and legal analysts. The mistakes being made run in both directions; sometimes states are wrongly confined, and in other episodes states are given (or are seeking) more than they are constitutionally due. In this Essay, I use several case studies—some from recent weeks or months and others from recent years or decades—to …

Federal Extreme Risk Protection Orders: A Potential Pathway To Preventing Mass Shootings, Lilly H. Donahue

William & Mary Journal of Race, Gender, and Social Justice

This Note examines how the creation and implementation of a federal extreme risk protection order (ERPO) statute would impact federal investigations, mass shooting prevention, and the reduction of firearm deaths at large. While ERPOs exist in several states, there is currently no federal statutory scheme to allow federal law enforcement agencies to pursue ERPOs against citizens at risk of harming themselves or others with firearms. By examining the current legal landscape of state-level ERPOs, federal agencies’ investigatory procedures and failures, constitutional and racial equity concerns, and industry best practices, this Note aims to explore what a federal ERPO statute could …

Uncertainty In Business Judgment: How A Divide Between Delaware's Judiciary And Legislature Has Changed Corporate Law, Andrea Safran

William & Mary Business Law Review

In response to controversial Chancery Court decisions, the Delaware Legislature rushed to amend the Delaware Code in order to reinforce the business judgment rule. As the foremost business court in the nation, every Chancery Court decision is thoroughly scrutinized by the corporate world, so when the court goes against normal business practices, corporations grow wary in their trust of the State. Thus ensues a scramble by the State to pass legislation that will protect corporate interests. With these recent decisions, however, the Chancery Court may have lost its footing, and Delaware could soon see a mass corporate exodus with the …

From Waiver To Shield: The Routine Misapplication Of The Federal Tort Claims Act’S Discretionary Function Exception, Alexander Sitnikov

Cardozo Law Review

When a pedestrian trips and falls on a defective sidewalk, liability usually turns on negligence. But when the property surrounding the sidewalk belongs to the federal government, tort liability often vanishes altogether. This result is just one of the many shortcomings of the Federal Tort Claims Act (FTCA) and one of its most controversial and heavily litigated provisions: the discretionary function exception (“DFE”). This Note explores the current judicial interpretations of the FTCA and DFE, which often work in conjunction with state laws and federal regulations. Despite the central public policy rationale and congressional intent surrounding the FTCA and its …

Fifty Ways To Leave Your Lover: Using State Constitutions To Escape The Dead Hand Of Article V, Meg Penrose

Washington and Lee Law Review

Thomas Jefferson believed that “the earth always belongs to the living generation.” His constitutional approach would empower twenty-first century Americans to decide twenty-first century problems regularly determined by the United States Supreme Court. Article V, the formal method for constitutional change, seemingly relegates these decisions to the Supreme Court because amending the federal Constitution is nearly impossible.

Unfortunately, our fixation on federal constitutional law often eclipses the power of state constitutional law. State constitutions balance our relatively static federal Constitution with responsive state governments. There is no need to debate what the Framers thought about modern issues when Americans can …

The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman

Fordham Law Review

No abstract provided.

Minimal Success: The Consequences Of Mandatory Minimums In Youth Sentencing, Maya Chrobot

Fordham Law Review

In New York State, children as young as thirteen can be processed as adults and sentenced to mandatory minimum sentences. Mandatory minimum sentences require judges to sentence the defendant to a statutorily set minimum term of imprisonment. Practitioners, judges, and researchers question the efficacy of mandatory minimum sentences, finding that they are ineffective at deterring crime, decreasing bias in sentencing, and increasing community safety. Additionally, there is clear evidence about the damaging effects of incarceration on young adults. Instead of functioning as rehabilitative punishment, incarceration leads young adults to experience poor mental and physical health outcomes upon release, and they …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Litigating With No Receipts: How The Denial Of Access To Trial Transcripts Denies People The Opportunity To Access Justice, Madisen Zent

University of Cincinnati Law Review

No abstract provided.

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Inheriting The Mess: How Cercla Successor Liability Shapes The Landscape For Asset Purchase Deals, Liam N. Hudson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Does Article I Of The Constitution Prohibit The States From Creating Their Own Cryptocurrencies?, Kevin Fontenot

William & Mary Bill of Rights Journal

The market for cryptocurrency (crypto) has exploded in size since the first cryptocurrency, Bitcoin, was created in 2009. As of September 4, 2024, the value of all existing cryptocurrency was $2.02 trillion. On November 14, 2024, this value reached a high of $3.2 trillion, apparently in response to the election of pro-crypto President Donald Trump. Despite the fact that cryptocurrencies have been at the forefront of many high profile scandals, consumers still flock to them. For example, celebrities including Hailey Welch (colloquially known as “Hawk Tuah girl”), Logan Paul, and Jason Derulo have been criticized for allegedly goading consumers into …

Beyond Equality To Belonging: The Missing Value In Equal Protection Law Involving Education, Danieli Evans

Washington Law Review

Belonging is a fundamental need without which people cannot function optimally. Accordingly, school belonging—students’ perceptions of mattering or feeling cared about, accepted, respected and valued by faculty, staff, and peers—impacts students’ well-being, academic motivation and outcomes.

Equal Protection jurisprudence governing education largely overlooks the value of school belonging. Instead, it centers on a formal conception of equality, or an “anti-classification” principle, which essentially prohibits purposeful discrimination based on a fixed set of suspect traits. This formalistic “anti-classification” approach permits many policies and practices that undermine students’ sense of school belonging and inhibits schools from taking certain measures to foster belonging. …

Sidewalk Living, Michael C. Pollack

William & Mary Law Review

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these …

Sidewalk Living, Michael C. Pollack

Articles

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these finite …